The Paradox of Electronic Mediation in Divorce Cases in Indonesia: A Socio-Legal and Maqāṣid al-Sharīʿah Analysis of Digital Justice in Religious Courts
Year: 2026
Type: article
Abstract: The Indonesian judicial system's digital transformation has seen considerable progress as a result of the introduction of electronic mediation (e-mediation), as set out in Supreme Court Regulation No. 3 of 2022 on Electronic Mediation in Court. This regulation represents a shift from traditional mediation to one that is based on technology and places a strong emphasis on efficiency, flexibility, and accessibility. Yet, alongside these benefits there exists a fundamental paradox between technology-based procedural justice and substantive justice, since the latter requires a high degree of empathy, reconciliation, and the safeguarding of family values. The purpose of this study is to critically examine this paradox using a socio-legal approach that takes into account the aspects of digital justice, Indonesian legal principles, and maqashid al-sharia. The research data were collected by means of a review of international literature as well as through interviews with judges and mediators from the Religious Courts. The findings indicate that e-mediation improves efficiency and access to justice in an instrumental manner, but has the potential, in terms of substance, to lower the quality of reconciliation because of limited emotional interaction, the risk of breaches of confidentiality, and digital inequality. This study proposes a Maqashid-Based Integrative Model of E-Mediation as a conceptual framework which balances digital efficiency with substantive justice. It is shown that the success of the digital transformation of the judiciary depends not only on technological innovation but also on the legal system's ability to preserve the ethical, psychological, and religious aspects in the resolution of family disputes. The study makes a contribution by suggesting a maqāṣid-based model that incorporates digital efficiency, legal certainty, confidentiality, empathy, and family reconciliation into e-mediation practice. Keywords: Digital Justice; E-Mediation; Islamic Family Law; Islah; Maqashid al-Sharia; Religious Courts.
Source: KALOSARA Family Law Review
Language: English
Topic: Education, Law, and Society
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7223233487